a police constable, sentenced to 15 years' imprisonment by a
trial court for allegedly raping a minor, after concluding
that prosecution had failed to prove the charge against him.
The High Court said that he could have been convicted only
for attempt to rape and since he had already been in jail for
more than five years, he should be released.
Chandrakant Pawar (47), attached to Sahar police station
as a head constable at the time of the incident, was accused
of kidnapping and raping a 15-year-old beggar in October 2005.
He was convicted by the sessions court in July 2006.
Justice J H Bhatia, however, overturned the lower court's
decision, holding that medical evidence did not prove sexual
intercourse.
"The prosecution has failed to prove beyond reasonable
doubt that the accused had actually committed rape, though
there is strong evidence that he attempted to commit rape....
Hence the accused is liable to be convicted only for attempt
to rape," the High Court said.
The judge further said that Pawar had already been in
jail for more than five years (since his arrest on October 18,
2005), so he need not undergo further sentence on the count of
attempt to rape.
According to the prosecution, on the night of October 17,
2005, Pawar forcibly took the victim, who begged at a signal
near the Mumbai airport, to a secluded place and raped her.
Afterwards, when he was about to take the girl back to the
spot from where he had picked her up, another police
constable, suspecting something amiss, took them to police
station. The girl had then lodged the complaint of rape.
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